Pinnacle court directs High courts to counsel judges who are with a great track record for taking their resignations back
The Top court directed the High Courts regarding reconsideration counselling for Judicial Officers with good track record if they are willing to resign for the service.
Bench composed of Justices L. Nageswara Rao and BR Gavai noticed this while observing a case related to the Madhya Pradesh High Court;
An woman ADJ resigned in 2013 addressed that she experienced sexual harassment by then sitting judge of the Madhya Pradesh High Court.
This case is a writ petition claiming unusual transfer orders by the Madhya Pradesh high court as the petitioner didn’t fulfill the sexual favours of the incharge High Court judge.
She mentioned that a strange transfer was made from ‘A’ Category place to ‘C’ category place which is a highly Naxal influenced area, she also mentioned that due to that transfer she would have prevented her from being with her daughter who was then appearing for the board exams, so that’s why she said there’s no other option other than to resign from the service. After That the petitioner went to the apex court asserting her right to be reinstated.
The bench assessed her work quality and work conduct for the year 2013, and they observed that she was 'very good' in work.
The bench today noted that "Though, it may not be possible to observe that the petitioner was forced to resign, however, the circumstances enumerated hereinabove, would clearly reveal that they were such, that out of frustration, the petitioner was left with no other alternative".
The bench today finally said"Losing a good Judicial Officer without counselling him/her and without giving him/her an opportunity to introspect and rethink, will not be in the interest of either the Judicial Officer or the Judiciary".
